JAY KUMAR SAH Vs. ANIL PRASAD KESHRI

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THIS application by the petitioner -judgment debtor is directed against the order dated 29.8.2006 passed by Sub -Judge -III, Deoghar in Execution Case No.1/2002 whereby he has dismissed the petition filed by the petitioner for dropping the execution proceeding.

(3.) LEARNED counsel appearing for the petitioner assailed the impugned order on the ground that in view of Section 17 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, the decree for eviction on the ground of personal necessity could not have been executed by the transferee of the decree. Learned counsel submitted that in the facts and circumstances of the case, the petitioner is entitled to get restoration of possession of the suit premises.